JUDGMENT

1. These two revision petitions have been filed by the petitioner-defendant (for short, 'the defendant') against the order dated 16.12.2020 passed by the trial court whereby the applications filed by the defendants under Order 7 Rule 11 CPC in Civil Suit Nos. 99/2020 and 100/2020 have been dismissed.

2. Facts of the case are that the respondent-plaintiff (for short, 'the plaintiff') filed two suits for infringement and passing off of trade mark, permanent injunction, damages and rendition of accounts against the defendants (i) M/s. Rajkumar Vishandas & Sons and (ii) M/s. Rajkumar Vishandas Corporation. In the said suits, it was averred that the plaintiff is a registered firm under the Indian Partnership Act, 1932. The said partnership firm was established in the year 1961 by the grand father of Rajesh Thawrani and Prakash Thawrani. In the year 1986, the said partnership firm was converted into a proprietorship firm and on 1.4.2021, it was again converted into a partnership firm, of which Rajesh Thawrani, Prakash Thawrani, Rajkumar Thawrani and Bhagwan Das Ji were the partners. After the death of Bhagwan Das Ji on 12.8.2013, dispute arose between Rajesh Thawrani, Prakash Thaw